DEFINITIONS
Title IX - Title IX of the Educational Amendments of 1972 bans sex discrimination in schools receiving federal
funds, whether it is in academics or athletics.
Preponderance of the evidence - standard (i.e., it is more likely than not that sexual harassment or violence
occurred). Preponderance is based on the more convincing evidence and its probable truth or accuracy, and not on
the amount of evidence. Thus, one clearly knowledgeable witness may provide a preponderance of evidence over a
dozen witnesses with hazy testimony, or a signed agreement with definite terms may outweigh opinions or
speculation about what the parties intended.
Unwelcome - Conduct is unwelcome if the student did not request or invite it and “regarded the conduct as
undesirable or offensive.” Acquiescence in the conduct or the failure to complain does not always mean that the
conduct was welcome
Investigation - An investigation is a systematic, minute, and thorough attempt to learn the facts about something
complex or hidden; it is often formal and official
The specific steps in an investigation will vary depending upon the nature of the allegations, the source of the
complaint, the age of the student or students involved, the size and administrative structure of the school, and
other factors. However, in all cases the inquiry must be prompt, thorough, and impartial
Examination - an orderly attempt to obtain information about or to make a test of something, often something
presented for observation: a physical examination. An inquiry is an investigation made by asking questions rather
than by inspection, or by study of available evidence: an inquiry into a proposed bond issue. Research is careful and
sustained investigation
Domestic Violence - Any felony or misdemeanor crime of violence committed by a current or former spouse of
the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or
has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the
domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult
or youth victim who is protected from that person’s acts under the domestic or family violence laws of the
jurisdiction. (VAWA Definition)
Associated State of Nebraska Statues:
•Statute 28-323 defines Intimate relationship as “ a spouse; former spouse; persons who have a child in common
whether or not they have been married or lived together at any time; and persons who are or were involved in a
dating relationship.
•Statute 42-903 defines Family and household members as “spouses or former spouses, children, persons who are
presently residing together or who have resided together in the past, persons who have a child in common whether
or not they have been married or have lived together at any time, other persons related by consanguinity or affinity,
and persons who are presently involved in a dating relationship.
•Statute 42-903 defines abuse as “Attempting to cause or intentionally and knowingly causing bodily injury with or
without a dangerous instrument; or placing by means of credible threat, another person in fear of bodily injury. For
purpose of this subdivision credible threat means a verbal or written threat, including a threat performed though
the use of an electronic communication device, or a threat implied by a pattern of conduct or a combination of
verbal, written, or electronically communicated statements and conduct that is made by a person with the apparent
ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or
her safety or the safety of his or her family or engaging in sexual contact or sexual penetration without consent.
Dating Violence - Violence committed by a person (A) Who is or has been in a social relationship of a
romantic or intimate nature with the victim; and (B) Where the existence of such a relationship shall
be determined based on a consideration of the following factors;
• (i) The length of the relationship
• (ii) The type of relationship
• (iii) The frequency of interaction between the persons involved in the relationship. (VAWA
Definition)
Associated State of Nebraska Statues:
• Statutes 28-323 and 42-903 define a dating relationship as “Frequent, intimate associations
primarily characterized by the expectation of affectional or sexual involvement, but does not
include a casual relationship or an ordinary association between persons in a business or social
context.
Stalking - Engaging in a course of conduct directed at a specific person that would cause a
reasonable person to (A) fear for his or her safety or the safety of others or (B) suffer substantial
emotional distress. (VAWA Definition)
Associated State of Nebraska Statues:
• Statute 28-311.01 – Terroristic Threats – Any person who threatens to commit any crime of
violence with the intent to terrorize another.
• Statute 28-311.02 and 28-311.03 - Stalking and harassment - Any person who willfully harasses
another person or a family or household member of such person with the intent to injure, terrify,
threaten, or intimidate commits the offense of stalking.
Sexual Harassment - Unwelcome sexual advances, requests for sexual favors, and other verbal or
physical conduct of a sexual nature that tends to create a hostile or offensive environment. Link to full
definition
Sexual Assault - Penetration, no matter how slight, of the vagina or anus with any body part or object,
or oral penetration by a sex organ of another person, without the consent of the victim. This definition
includes any gender of victim or perpetrator. Sexual penetration means the penetration, no matter
how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of
another person, or by a sex-related object. The definition also includes instances in which the victim
is incapable of giving consent because of temporary or permanent mental or physical incapacity
(including due to the influence of drugs or alcohol) or because of age. Physical resistance is not
required on the part of the victim to demonstrate lack of consent.
Consent - “Agreement, approval, or permission as to some act or purpose, esp. given voluntarily by
a competent person; legally effective assent.” Black’s Law Dictionary, 346 (9th ed. 2007). “Consent”
is not defined by the Nebraska Criminal Code. Rather, the criminal laws dealing with sexual assault
offenses (which include what is commonly referred to as rape) defines what “Without consent”
means. State of Nebraska Statute: 28-318.
Sex Offenses 1. Incest- Non-forcible sexual intercourse between persons who are related to each other within the
degree wherein marriage is prohibited by law.
2. Statutory Rape- Non-forcible sexual intercourse with a person who is under statutory age of
consent.
3. Forcible Fondling – The touching of the private body parts of another person for the purpose
of sexual gratification, forcibly and or against that person’s will: or, not forcibly or against the
person’s will where the victim is incapable of giving consent because of his/her youth or because
his/her temporary or permanent mental incapacity.
Associated State of Nebraska Statues:
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Statute 28-318 - Sexual Assault Terms, defined;
Statute 28-319 - Sexual Assault; first degree;
Statute 28-319.01 - Sexual Assault of a Child; first degree;
Statute 28-320 - Sexual Assault; second or third degree;
Statute 28-320.01 - Sexual Assault of a Child; second or third degree;
Statute 28-320.02 - Sexual Assault; Use of Electronic Communication Device;
Statute 28-322.05 - Unlawful Use of the Internet by a Prohibited Sex Offender;
Statute 28-703 - Incest.
Harassment Protection Order - 28-311.09 A court order restraining a subject from imposing any
restraint upon another person to include harassing, threatening, assaulting, molesting, attacking or
otherwise disturbing that persons peace.